GENERAL CONDITIONS FOR USE OF THIS WEBSITE

In the context of this website, "we", "our" and "us" means crocpad.com (also accessible at crocpad.com.au) and the entity supplying the relevant product (the website product listing states the seller and supplier of each product). "You" and "your" means you, the user or customer of this website. "Authorised Retail Partner" or "Retailer" means any bricks-and-mortar or online retail business that has entered into a current, written supply or distribution agreement with us to stock and sell Crocpad products.

The use of the term "product" includes the plural "products".

Except as otherwise required by law, the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. If you use this website you agree to be bound by these Terms and Conditions. If you shop on this website you agree to the terms of the Contract of Sale. If you do not agree, do not use this website.

Note: If you purchased a Crocpad product from an Authorised Retail Partner (such as Clark Rubber or Harvey Norman), your statutory rights under the Australian Consumer Law (ACL) are unaffected by these Terms. Please refer to Section 17 for provisions specific to retail-channel purchases.

Terms and Conditions for Crocpad Products

You ("Customer") are responsible for ordering the correct product. You should read all product descriptions and raise any questions before purchasing.

We ("Crocpad") accept returns and refunds under the conditions listed below.

1. CHANGES TO TERMS

Due to frequent changes in Internet technology and applicable laws, we reserve the right to make changes to these Terms at any time. Please check regularly for updates.

2. CHANGES TO PRODUCTS

We may make changes to products and other website content at any time without notice. We make every effort to ensure product descriptions are accurate; however, some inaccuracies may occur. We reserve the right to correct them as identified. Information is provided "as is" without warranty of any kind.

3. PRODUCT PRICES

The price displayed on this website represents the full price, excluding GST, for the product itself and does not include postage/delivery charges. Prices are subject to change without notice.

If a product is listed at an incorrect price, we reserve the right to refuse or cancel orders placed at that incorrect price. If payment has already been charged, we will contact you immediately regarding reimbursement.

We sell and deliver products ONLY WITHIN Australia. The information on this site is intended for Australian consumers only and is governed by Australian law.

Note — Retail Pricing:

Prices at Authorised Retail Partners (including Clark Rubber and Harvey Norman stores) may differ from prices listed on this website. Crocpad does not control the retail selling prices set by independent retailers, except where a written Recommended Retail Price (RRP) agreement is in place. Any promotional pricing offered by a Retailer is solely at the Retailer's discretion and does not obligate Crocpad to price-match on this website.

4. AGE RESTRICTIONS

You must be at least eighteen (18) years of age to place an order with us. By placing an order, you confirm that you are over 18. Should we suffer any loss due to an order placed by a person under 18, we reserve the right to seek compensation from the parent or guardian of that person.

5. INTERNET COMMUNICATIONS

When you visit crocpad.com or crocpad.com.au or send e-mails to us, you are communicating with us electronically and you consent to electronic communications. We will communicate by email or by posting notices on this website. This website may store cookies in your browser to improve your experience. Most web browsers allow you to manage or disable cookies; however, doing so may limit your access to certain features.

6. INTELLECTUAL PROPERTY RIGHTS

Material contained on this website is protected by copyright. You may use this website only for personal, non-commercial purposes. You may not copy, modify, transmit, store, publish or distribute any material from this website without our prior written consent.

Registered trade marks and logos must not be used or modified without the prior written consent of the trade mark or logo owner.

Note — Retail Partner IP Use:

Authorised Retail Partners are granted a limited, non-exclusive, non-transferable licence to use Crocpad trade marks, logos, and product images solely for the purpose of promoting and selling genuine Crocpad products within their stores and approved marketing channels. This licence is subject to Crocpad's current Brand Guidelines (available on request) and may be revoked at any time. Retailers must not:

–      alter, distort, or add to any Crocpad trade mark, logo, or product image;

–      use Crocpad branding in a way that implies endorsement, sponsorship, or affiliation beyond the supply relationship;

–      use Crocpad branding in connection with products other than genuine Crocpad goods;

–      apply Crocpad branding to any physical or digital media not pre-approved in writing by Crocpad.

Breach of this licence may result in immediate termination of the supply agreement and legal action for trade mark infringement.

7. YOUR ACCOUNT

To purchase from us you do not need to establish an account. If you do create an account, we retain absolute discretion to refuse, terminate, or edit accounts that do not comply with these Terms. You are responsible for keeping your contact, billing, and delivery information current. You are responsible for the confidentiality of your password. No credit card details are stored by us.

8. SECURITY

When you register or place an order, a secure server is used. SSL encryption protects information you send through this website. We make no warranty as to the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access to information you provide.

9. CONTRACT OF SALE

These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where implied by law. The contract cannot be varied unless agreed in writing.

10. LIMITATION OF LIABILITY

10.1  Our liability to the Customer (and any party claiming through the Customer) for any claim for loss or damages in connection with the Contract, whether in contract, tort (including negligence), under statute, in equity or otherwise, is strictly limited as follows (except to the extent prohibited by law):

–      For defective or non-conforming goods: liability is limited to replacement, repair, or repayment of the purchase price (at our option);

–      For services forming part of the goods not meeting scope: liability is similarly limited.

10.2  To the maximum extent permitted by law, we are not liable for any indirect, special or consequential loss or damage, including loss of income, profit, contract, customers, business opportunity, goodwill, reputation, or damage to other goods.

10.3  Any claim for defective, non-conforming or damaged goods must be made in writing within 14 days of delivery, unless a longer period is expressly agreed in writing. We are not liable for costs of removal or re-installation of defective goods, or for defects caused by improper installation, maintenance, normal wear and tear, or damage.

Note — Retail Channel Liability:

Where a Crocpad product is purchased through an Authorised Retail Partner, the Retailer is an independent seller. Crocpad's liability to the end consumer remains limited to the provisions of this Section 10. Crocpad is not responsible for representations, warranties, or commitments made by a Retailer that go beyond the terms of this document. Authorised Retail Partners are required, under their supply agreements with Crocpad, to:

–      sell Crocpad products only in their original, unmodified condition with all safety documentation and labels intact;

–      not make representations about product performance, safety, or fitness for purpose that are inconsistent with Crocpad's published specifications;

–      display or provide current Crocpad safety warnings and usage instructions at point of sale.

A Retailer's failure to comply with the above requirements does not extend Crocpad's liability beyond what is provided in these Terms; however, we encourage customers who believe a Retailer has misrepresented a product to contact us directly.

11. PURCHASING PRODUCTS

You may place an order by clicking the "Add to Cart" button. When you place an order you have made an offer to purchase. We accept that offer when we issue a tax invoice. We retain discretion to cancel orders if our processes identify fraud or for any other legitimate reason. If we cannot process your order after payment, we will contact you regarding reimbursement.

12. PAYMENT

We accept payment by PayPal and Credit Card (Visa and Mastercard — Australian cards only). Payment processing for orders placed on weekends or public holidays begins the next working day. Whilst we employ SSL technology, we are not responsible for damages or consequential losses suffered as a result of fraudulent or unauthorised use of your credit card.

13. DELIVERY

Estimated delivery is within 2–14 working days (Monday to Friday, excluding public holidays) from the date of payment. Actual delivery times may vary due to circumstances beyond our control. Please contact us if your order has not arrived within 14 days of purchase. Investigation of non-delivery claims may take up to 15 working days.

Deliveries to farms, mine sites, islands, Aboriginal sacred sites, and other regional or remote locations may not be accessible to our couriers; in such cases our courier will contact you for alternative options.

14. USING YOUR PRODUCT

This product is for non-commercial water recreation with proper adult supervision. It is not a flotation device. All users are recommended to wear a suitable life jacket or PFD before entering the water. Users assume all risks of injury.

–      Never allow a child to use the Crocpad without supervision.

–      Only use in water in which the child is within their depth and under adult supervision.

–      Do not swim or play under the Crocpad and do not dive from it.

–      Do not jump from other objects onto the Crocpad.

–      Never use the Crocpad under the influence of alcohol or drugs.

–      Never use during storms, before sunrise, or after dark.

–      Keep away from sharp objects, stumps, or edges.

–      Inspect tethers, cords, and anchors for wear or defects before every use.

–      The Crocpad is not designed to be towed behind a boat or watercraft — towing is dangerous and will void any warranty.

15. CARE AND MAINTENANCE

The Crocpad is made from cross-linked polyethylene foam and requires no inflation. Use a sponge to wipe off debris. UV rays can cause fading over time. Keep it dry and protected from sunlight and the elements when not in use to prolong life and appearance.

16. WARRANTY

Your Crocpad comes with a one (1) year warranty against defects in material or workmanship from the date of purchase, so long as the product remains in the possession of the original owner.

Defective products returned to Crocpad and confirmed defective upon inspection will be repaired or exchanged for a new product where applicable. Shipping charges for returns are prepaid by the customer; if the defect is confirmed, Crocpad will return the product to you without charge.

The One Year Warranty does not cover:

–      Loss or damage due to abuse, mishandling, alteration, accident, or failure to follow maintenance or storage instructions;

–      Loss or damage from towing or incorrect tethering;

–      Surface snags, scuffs, and tears from sharp objects;

–      Normal wear and tear, including UV weathering.

No implied warranty, including the implied warranty of merchantability or fitness for a particular purpose, applies after the express warranty period. Crocpad's liability under this warranty shall not exceed the purchase price of the product.

Note — Retail-Channel Warranty Claims:

If you purchased your Crocpad from an Authorised Retail Partner and wish to make a warranty claim, you may do so in either of the following ways:

–      Contact the Retailer directly — the Retailer is responsible under the ACL for remedies available to consumers regardless of its own returns policy; or

–      Contact Crocpad directly at www.crocpad.com with proof of purchase (original retail receipt or invoice from the Retailer) and a description of the defect.

Proof of purchase from an Authorised Retail Partner is accepted in lieu of a direct Crocpad order confirmation. The one-year warranty period runs from the original date of purchase from the Retailer. Crocpad reserves the right to assess the returned product before authorising a repair, replacement, or refund. Return authorisation must be obtained before shipping any goods to Crocpad.

17. AUTHORISED RETAIL PARTNERS — CONSUMER PROVISIONS

Note — This section applies specifically to products purchased through Authorised Retail Partners.

17.1 Authorised Retail Partner Network

Crocpad products are available through an authorised network of retail partners, including Clark Rubber and Harvey Norman stores across Australia. A current list of Authorised Retail Partners is available at crocpad.com (also at crocpad.com.au). Crocpad does not authorise the sale of its products by unlisted third parties; products purchased from unauthorised sellers may not be eligible for warranty support.

17.2 Australian Consumer Law — Your Rights Are Protected

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms limits, excludes, or modifies any consumer guarantee, right, or remedy provided under the ACL that cannot lawfully be limited, excluded, or modified.

17.3 Returns and Defects — Retail Purchases

If you purchased a Crocpad product from an Authorised Retail Partner and believe it is defective or not of acceptable quality:

–      You may first return the product to the Retailer, together with proof of purchase. The Retailer's own returns policy will apply, subject to your rights under the ACL.

–      If the Retailer is unable to resolve your complaint, contact Crocpad directly at www.crocpad.com within 14 days of identifying the defect (or such longer period as required by the ACL).

–      Where Crocpad accepts a warranty claim, Crocpad may, at its option, repair, replace, or refund the product.

Please note that Authorised Retail Partners operate independently and may have their own return windows, exchange policies, and administrative processes. Crocpad is not responsible for the independent policies of its retail partners, except where the ACL requires otherwise.

17.4 Pricing and Promotions at Retail

Authorised Retail Partners set their own selling prices and may offer promotions, bundle deals, or clearance pricing that differ from prices on this website. Crocpad is not obligated to honour prices, discounts, or promotions offered by Retail Partners on this website, and vice versa.

Where a Retailer advertises a product using Crocpad's trade marks or images, the Retailer is solely responsible for ensuring those advertisements are accurate, comply with the Australian Consumer Law (in particular, ss 29 and 33 regarding misleading representations), and are not otherwise deceptive or misleading.

17.5 Retailer Brand and IP Obligations

Authorised Retail Partners must comply with Crocpad's Brand Guidelines when using Crocpad trade marks, logos, photography, or copy. Key obligations include:

–      Using only current, approved product imagery and descriptions provided by Crocpad;

–      Not creating derivative works from Crocpad imagery without prior written approval;

–      Not displaying Crocpad branding alongside competitor products in a way that implies endorsement of those products;

–      Ensuring all digital use (websites, social media, EDMs) of Crocpad brand assets has been approved in advance.

Retailers who believe they require brand assets not currently provided should contact Crocpad's marketing team before use. Unauthorised use may constitute trade mark infringement and will be pursued accordingly.

17.6 Product Safety — Retail Channel

Authorised Retail Partners are required under their supply agreement to:

–      Display current product safety warnings and usage instructions at or near the point of sale;

–      Not sell Crocpad products that have been opened, used, modified, or damaged prior to sale;

–      Promptly notify Crocpad if they become aware of any product safety issue, customer injury, or product recall obligation relating to Crocpad products.

If you purchase a Crocpad product through a Retail Partner and have safety concerns, please contact Crocpad directly via www.crocpad.com in addition to raising the matter with the Retailer.

18. GENERAL

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising from these Terms or the use of this website shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

If any provision of these Terms is held to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

We may assign our rights and obligations under these Terms without notice. You may not assign your rights without our prior written consent.

Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision at a later time.

Questions?

Contact us at www.crocpad.com